If you’re going through a divorce, you’ve probably wondered, “What happens to the house in a Minnesota divorce?” If so, you’re not alone. Divorce proceedings can be stressful and cause many concerns about your family and assets. CC&S Attorneys at Law can explain how the division of the marital home works and provide reassurance during the legal process.
Minnesota Divorce Laws and Property Division
Minneapolis divorce laws follow an equitable distribution model, which means that property is divided fairly and equitably, rather than automatically 50/50 (though this is often the case). The courts consider many factors when making these decisions. A few of these include:
- The length of the marriage
- Each spouse’s income and earning capacity
- Custody arrangements for children
- The age and health of each spouse
- Both financial and non-financial contributions to the marriage
If the marital home was acquired during the marriage, it is deemed marital property, even if the title only has one spouse’s name on it. With a median Minnesota home value of $348,091 and a divorce rate of 5.67 per 1,000 women, asset division and disputes are not uncommon in the state.
What Happens to the House in a Minnesota Divorce?
When deciding who gets the house, there isn’t an automatic answer in a divorce. Instead, the courts evaluate many factors, including:
- Child custody. If there are children, the parent with primary physical custody may be more likely to remain in the home, as this gives the children an added layer of stability during a difficult transition in their family dynamics.
- Agreements between spouses. If both parties are in agreement about what they want to do with the home, the courts generally adhere to this arrangement unless it is unfair or seems coerced.
- The equity in the home. Equity is the difference between the home’s value and how much remains on the mortgage. This must be divided fairly if the home is sold.
- The financial ability to maintain the home. Owning a home includes paying the mortgage, taxes, and insurance, in addition to regular maintenance and upkeep. The courts review whether one spouse can realistically afford the home without the financial support of the other.
If one spouse owned the home before the marriage, a portion of the equity in the home could be considered non-marital property. Any mortgage payments made during the marriage may create marital interests, and improvements funded by both spouses’ income could increase the shared equity amount. Attorneys at CC&S Law are able to help you document and assert possible claims to non-marital interest in the equity of your home.
Common Outcomes
In Minnesota divorces, one of only three outcomes usually occurs for the marital home:
- One spouse keeps the home while buying out the other partner’s share of the equity.
- The home is sold, and the couple divides the proceeds.
- One spouse remains in the home temporarily, and then the home is sold later and the proceeds are then shared. The other spouses’ interest in the home is secured by a lien.
It’s important to get an accurate valuation of the home before making any decisions. This can involve a professional appraisal and a comparative market analysis. The courts will need this information to make a fair ruling.
Why Hire a Divorce Lawyer at CC&S Attorneys at Law?
The housing market fluctuates, and interest rates can affect refinancing on homes. This makes knowing when to hire a divorce lawyer especially important. If you’re dealing with a property division dispute during a divorce, the team at CC&S Attorneys at Law can help. We are experienced in finding creative solutions that often lead to our clients being able to retain their home with the existing low mortgage interest rates.
Our firm offers a comprehensive approach to divorce and related legal matters in Minnesota, such as property division. We take the time to understand your family dynamics and goals. Then, we can help you create a strategy that supports you, whether that’s keeping the home, selling, or negotiating for a fair buyout.
CC&S Attorneys at Law has extensive experience with the local courts, such as the Hennepin Family Court at the Hennepin County Government Center. This allows us to tailor strategies to your specific jurisdiction.
Every divorce case is different. A knowledgeable divorce attorney from our team can guide you through the legal process and keep you informed of your rights at every step.
FAQs
Do I Automatically Owe My Spouse Half of Our House If We Get Divorced in Minnesota?
You do not automatically owe your spouse half of the house if you get divorced in Minnesota. The state focuses on equitable distribution instead of a 50/50 split. The courts look at many factors, including the length of marriage and each spouse’s financial contribution and earning capacity. They then determine asset division based on what’s fairest.
What Assets Are Untouchable in a Divorce?
Certain assets are untouchable in a divorce if they can be documented as non-marital. These are considered non-marital assets, such as:
- Property owned before the marriage
- Inheritances received individually
- Gifts that were given to only one spouse
However, if the assets were mixed, such as using funds to pay for the marital home, it could become a marital asset.
Who Gets the House in a Divorce in Minnesota?
Who gets the house in a divorce in Minnesota depends on the court’s evaluation. There is no automatic answer. Courts look at:
- Custody arrangements
- The financial stability of each spouse
In some cases, the home must be sold and the proceeds divided between the spouses. The courts also tend to prioritize the children’s stability, which can impact which parent gets the house.
Contact CC&S Attorneys at Law
What happens to the house in a Minnesota divorce depends on many factors. If you’re trying to navigate property division in the state, you need an experienced advocate who can guide you through proceedings and decisions with confidence.
Reach out to CC&S Attorneys at Law to schedule a consultation today.
